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(영문) 대구지방법원 2017.10.11 2017고정1631
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a halog car.

On May 23, 2017, the Defendant driven the above car on the 17:15th day of May, 2017, and turned down the crosswalks with signal lights, etc. in front of the children's protection zone in front of the Daegu Elementary School, Daegu High School located in 50 South-dong, Daegu High School, into one lane in the direction of the 3rd Do community service center in the direction of the new elementary school.

At the same time, there was a crosswalk where a signal, etc. is installed in a children's protection zone, and thus, the driver of the motor vehicle has a duty of care to check whether there is a child, etc., who gets involved in driving the motor vehicle by reducing the speed and by checking it well, and to prevent the accident by driving the motor vehicle safely in accordance with the traffic signals.

In such a situation, the Defendant neglected this and caused the driver's negligence of driving a signal in violation of the signal while driving the crosswalk to the left-hand side in accordance with the pedestrian signals, and received the driver's license portion of the victim C(7) crossing the crosswalk from the right-hand side to the right-hand side of the driver's car.

As a result, the Defendant suffered injury, such as a duball, etc., from the victim by occupational negligence for about four weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A medical certificate;

1. A report on the occurrence of a traffic accident, a survey report on the actual condition, a black stuff photograph, and a family relation certificate;

1. Application of Acts and subordinate statutes to a report on investigation (the result of the verification of booming vehicles);

1. Relevant Article 3 (1), the proviso to Article 3 (2) 1, 6, and 11 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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